FOR MORE INFORMATION:

Focus: Tamworth spokesperson:

Charles Greenhalgh

Work: 603 356-5439 x516

Cell: 603 321-6615

Home: 603 323-3908

OR
David Little
603 323 7300

If unavailable:
Kate Vachon, press coordinator
603 323 8224
focus@focustamworth.org

Focus: Tamworth asks selectmen to enact a noise ordinance to restore local control of racetrack

New ordinance uses language from Racetrack Ordinance, SB 458

(TAMWORTH, NH, June 10)  At today’s meeting of the Tamworth Board of Selectmen, Focus: Tamworth asked the board to consider enacting a tightly targeted noise ordinance for Tamworth. The objective is to restore at least one of the twenty-two elements of the town’s Racetrack Ordinance (RTO), which was adopted by the selectmen in October, 2003 and affirmed by an overwhelming majority at Town Meeting in March 2004. It was apparently invalidated by the quiet passage of SB 458 in early 2004.  SB 458 did not come to the attention of Tamworth officials and residents until the beginning of May.

“Without the RTO, Tamworth has no enforceable control over the operation of the proposed Club Motorsports private driving facility, or over what another group might choose to do there when they rent the track,” explained Charles Greenhalgh, Focus: Tamworth spokesperson.

SB 458 defines a new type of facility, a “private driving instruction and exhibition facility,” and exempts it from town RTOs. Club Motorsports has admitted that it drafted and lobbied for the legislation.

The noise ordinance that Focus: Tamworth proposed today would apply only to private driving instruction and exhibition facilities. Focus: Tamworth lawyers have determined that the ordinance conforms to New Hampshire RSAs and is consistent with a recent court ruling upholding a town’s right to create and enforce “reasonable” regulations.

The new ordinance borrows the language of the RTO in setting a 69 dBA limit on noise at the property boundary. It also echoes the RTO’s measurement method and reporting requirements. Its definition of private driving instruction and exhibition facilities is identical to the definition used in SB 458.

In a letter to the selectmen that was sent to the Town Office at the end of last week, Focus: Tamworth’s lawyer, Sherry Young of Rath, Young and Pignatelli, points out that without sound reduction measures, analysis shows that the noise produced by the CMI facility would be between 80 and 99 dBA at the points where the track comes closest to the property boundary, based on the design that CMI submitted for DES approval in March. There is no reason to believe that the redesign CMI is currently engaged in will produce significantly lower numbers. And statutory, enforceable noise controls are even more important in light of CMI’s stated intention to rent its track or portions of it to motorcycle and car club events.

Greenhalgh emphasized that the noise ordinance is not an attempt to stop the proposed CMI facility. “Without the RTO, there are very few choices available to give Tamworth statutory local control of the racetrack’s operations,” Greenhalgh noted. “RSA 31:39, the ‘Power to Make Bylaws’ statute, is the only thing left.” Section (n) of the statute specifically allows towns to make ordinances regulating noise.

Last summer’s noise study showed that CMI’s proposed facility would impact nearby homes and businesses as well as the K.A. Brett School, St. Andrew’s in the Valley Episcopal Church, and White Lake State Park. Noise pollution, the study pointed out, affects physical and psychological health. The Tamworth School Board has also asked the selectmen to consider the education, health and welfare of students in any future noise ordinance decision.

To enact the ordinance, the selectmen would have to call a special town meeting at which those present would vote on the ordinance, with a simple majority required to pass

At today’s meeting, Focus: Tamworth member Sheldon Perry formally asked the selectmen to consider enacting a noise ordinance. Heidi Frantz-Dale, the minister of St. Andrews in the Valley, also spoke in support if the ordinance. St. Andrews is located directly across NH Route 25 from the proposed facility. 

The Tamworth selectmen, Matt Weegar, Lanette Goodson and Mariette Ross,  indicated that they intend to meet with legal council soon to discuss the situation.

 “We think it’s important for Tamworth to regain the only element of statutory local control available after SB 458. To truly protect the town, we need an ordinance that can be enforced,” said Greenhalgh. “We think this is the right way to accomplish that, and we believe it will stand up to a court challenge if necessary.”

Focus: Tamworth is a coalition of local residents who support careful and fair regulations that protect Tamworth’s economic and natural resources. More information on Focus: Tamworth is available at www.focustamworth.org.

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Note to editors: text of the proposed noise ordinance is available from Focus: Tamworth.